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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Colvin J
Before: Stellios J
Before: Burley J
Before: Taylor J
Before: Taylor J
Before: Muller AJ
Before: Mitchelmore JA, McHugh JA, Ball JA
The Court had already decided that WCX must pay the Mitchells’ costs of a particular motion on an indemnity basis, with the amount set as a single gross sum. In this judgment, the Court decided the amount. It used the Mitchells’ itemised costs information as a sensible starting point, but did not simply award the full amount claimed. The Court made no reduction to counsel fees and reduced solicitors’ fees by 20 percent. WCX was ordered to pay $24,000 inclusive of GST.
Before: Bell CJ at [1], Payne JA at [33], Price AJA at [34].
The Court of Appeal did not grant the State and SESLHD permission to appeal the refusal to split off questions about LSR3’s old settlements. The statute allows a person to start proceedings and apply to set aside an affected agreement, but it does not require that application to be decided first. Whether separate questions are useful depends on the case. Here, unresolved pleadings, possible overlap with the abuse claim, repeated evidence about LSR3’s credibility and delay supported the primary judge’s decision not to order them.